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Judges Reject Motions to Dismiss in Two GSE Suits

April 12, 2013
UBS Americas failed in its bid to shut down a lawsuit brought by the Federal Housing Finance Agency in connection with non-agency mortgage-backed securities purchased by Fannie Mae and Freddie Mac, while in another case three former Freddie executives lost their own bid to dismiss a Securities and Exchange Commission securities fraud case against them. The Second Circuit Court of Appeals last week upheld a lower court’s ruling that denied UBS’ motion to dismiss the FHFA’s suit as time barred. In the summer of 2011, the FHFA filed 18 lawsuits in Manhattan federal court against UBS and other big banks on behalf of the GSEs, alleging violations of the federal Securities Act of 1933 for approximately $200 billion in non-agency MBS sold to Fannie and Freddie.
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GSEs Ace FHFA’s Low Performance Goals

April 12, 2013
Fannie Mae and Freddie Mac each received high marks on a relatively easy performance test from the Federal Housing Finance Agency in the GSEs’ compliance with the FHFA’s Conservatorship Scorecard, both companies revealed in their fourth quarter 2012 financial filings with the Securities and Exchange Commission. In March 2012, the FHFA developed, with input from GSE management, the boards of directors and the companies’ compensation committees, a set of performance objectives and directed each firm to implement them. The three strategic goals of the scorecard called for the GSEs to build a new securitization infrastructure, contract Fannie’s and Freddie’s dominant marketplace presence and maintain foreclosure prevention activities and credit availability for new and refinance mortgages.
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FHFA Wants GSEs to Have Contingency Plans to Manage Counterparty Risk

April 12, 2013
Charles Wisniowski
The Federal Housing Finance Agency wants Fannie Mae and Freddie Mac to develop contingency plans in case one of their counterparties blows up.
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MBS Private Placements May Be Gaining Momentum in 2013, Observers Say

April 12, 2013
Primary market originators and due diligence providers say the elusive market in private placement MBS deals has been gaining strength this year. “We’re seeing three to five private deals a month,” said Jeff Taylor, managing partner of Digital Risk, a New York-based risk management and due diligence firm. As for the underlying product, it’s across the board, he added. “It can be jumbo, nonperforming, and re-performing.” But the deals are also much smaller than the rapidly growing public MBS deals. Digital Risk, which conducts due diligence reviews on the underlying collateral, said...
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UBS Americas Loses Appeal to Dismiss FHFA Lawsuit; NCUA Nets MBS Settlement with Bank of America

April 12, 2013
The Federal Housing Finance Agency’s lawsuit against UBS Americas and, by extension, more than a dozen other big banks, in connection with non-agency MBS purchased by Fannie Mae and Freddie Mac will continue after a federal appeals court flatly denied UBS’ bid to dismiss the case. The Second Circuit Court of Appeals upheld a lower court ruling that denied UBS’ motion to dismiss the FHFA’s suit as time barred. In the summer of 2011, the FHFA filed 18 lawsuits in Manhattan federal court against UBS and other big banks on behalf of the GSEs, alleging violations of the federal Securities Act of 1933 for approximately $200 billion in MBS sold to Fannie and Freddie in the years prior to the mortgage market meltdown. The UBS appeal argument largely revolves...
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Is The White House Underestimating Fannie's and Freddie’s Earnings Potential?

April 11, 2013
Paul Muolo
Fannie Mae and Freddie Mac are now earning money hand-over-fist - cash that will wind up in the coffers of Uncle Sam. But is the White House underestimating how much the two GSEs will earn?
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MBS & ABS Production Up Modestly in Early 2013 Despite Slowdown in Pace of Agency Securitization

April 11, 2013
John Bancroft
Total MBS and ABS issuance rose almost 3 percent from the fourth quarter of 2012 to $515.3 billion during the first three months of 2013, according to a new Inside MBS & ABS analysis and ranking.
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IMA Selling $12.7 Billion of GSE Servicing Rights

April 11, 2013
Paul Muolo
The bulk servicing market is beginning to generate heat. The latest offering comes from Interactive Mortgage Advisors, but other deals are in the works as well.
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Freddie Mac Hires Former Chase Mortgage Chief to Head Single-Family

April 11, 2013
Paul Muolo
Freddie Mac has a new head of single-family: David Lowman, an industry veteran who in the past headed mortgage operations at JPMorgan Chase and Citigroup.
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Short Takes: FHFA Extends HARP to 2015 / Conservatives Love FHA? / Nationwide Title Clearing Demystifies ‘Trailing’ Documents / Gleacher Calls It Quits on MBS

April 11, 2013
George Brooks and Paul Muolo
The FHFA has extended the popular HARP 2.0 program until the end of 2015. But what about HARP 3.0?
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